(a) The executive director shall adopt merit-based criteria, described in subsection (b) of this section, for the selection of eligible persons. These criteria shall be used if more than 100 eligible applicants are received by the Agency in a calendar year.
(b) When determining those persons who will be certified in a calendar year from a group larger than 100 applicants, the executive director shall give preference to applicants who:
  (1) offer qualifying apprenticeships in non-metro areas of this state; and
  (2) provide training and skills development in fields defined by the Agency as emerging or developing in Texas.
(c) In addition to those criteria identified in subsection (b) of this section, the executive director may give preference to applicants who:
  (1) employ at least one apprentice who is included in one or more population identified in §839.16(a)(2)(A) - (D) of this subchapter (relating to Limitations); and
  (2) submit applications for apprentices who have not been previously certified under this section.
(d) Applications received in accordance with §839.14 of this subchapter (relating to Application for Certification) will be reviewed beginning April 1 through May 31. Persons will be informed of certification or denial of eligibility in a manner determined by the Agency.
(e) The executive director, or appropriate designated staff, shall issue a report to the comptroller each year on June 1 that identifies each person certified under this subchapter as eligible to apply for the tax refund described in §839.13 of this subchapter (relating to Eligibility for Persons Employing Apprentices). The report shall be delivered in a manner determined by the Agency.

Source Note: The provisions of this §839.15 adopted to be effective October 3, 2022, 47 TexReg 6467